Our False Advertising & Trademark group brings decades of collective experience to the representation of many of the world’s largest and most iconic companies. We are litigators who understand our clients’ businesses and the legal issues that shape their ability to compellingly advertise their products, prevent competitors from falsely advertising, and protect and enforce trademark rights.
False advertising
Lanham Act litigation. For decades, Proskauer has helped companies navigate false advertising disputes that can shape brand equity, market share, and the ability to compete on product claims. We represent clients in Lanham Act matters involving comparative advertising, superiority and performance claims, scientific and establishment claims, product labeling, and other allegedly false or misleading statements in commercial advertising and promotion. Our lawyers act for both challengers seeking to stop competitors' unsupported or misleading claims and advertisers defending the claims that matter to their businesses, with strategies calibrated to the record, the forum, and the business objective, whether that means emergency injunctive relief, damages exposure, corrective advertising, or negotiated resolution.
Consumer class action defense. We also defend companies in consumer class actions challenging labels, packaging, digital marketing, pricing, environmental, health, ingredient, "natural," origin, and other product or service claims, as well as claims arising from AI-enabled products, gaming platforms, mobile apps, streaming services, online marketplaces, and other technology-driven consumer experiences. These cases often proceed under state consumer protection and false advertising statutes, and can carry significant class-certification, reputational, regulatory, and commercial risk, particularly when coordinated or multidistrict proceedings target national advertising campaigns, platform-wide monetization models, or digital product launches. Our defense begins at the pleadings, where we move to dismiss or narrow claims at the earliest opportunity. When a case advances, we build a strong factual and expert record on consumer perception, materiality, reliance, injury, consent, causation, damages, and class manageability, and we align litigation strategy with our clients' broader brand, product, regulatory, and business priorities.
Self-regulatory proceedings and counseling. We also regularly practice before the NAD and NARB and have done so for more than 25 years. We provide claims substantiation and marketing counseling to a wide array of clients, from iconic global corporations to emerging companies.
Trademark
Our trademark team is widely recognized for its first-chair trial experience and deep bench of skilled trademark litigators. We litigate a busy docket of complex and high-profile trademark cases for large multinational corporations, professional sports leagues, emerging technology companies, non-profit organizations, and entertainers. Representing both plaintiffs and defendants, we have handled temporary restraining orders, preliminary injunctions, seizure orders, recalls, and full bench and jury trials on the merits.
